DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

113746P.pdf   11/23/2012  Greater St. Louis Construction  v.  Park-Mark, Inc.
   U.S. Court of Appeals Case No:  11-3746
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Bye and Gruender, Circuit Judges]
   Civil Case - ERISA. District court did not err in granting summary
   judgment to welfare funds for delinquent payments by employer. District
   court did not abuse its discretion in dismissing employer's counterclaim
   that it was entitled to refund for overpayments, as the same issues were
   involved in the set-off defense and disposed by the court. District court
   did not err in concluding equity did not favor a set-off or restitution
   because employer did not refute proof the overpayments adversely
   affected employees, the delay in bringing claim was inexcusable, and no
   evidence of unjust enrichment was presented.